McDermitt Inc. v. Nelson

SPICER, P.J.,

Claimant filed a mechanic’s lien claim on March 9, 1989. In paragraph 4, the claim stated:

“(4) Claimant delivered the concrete materials and delivery services to the owners pursuant to an oral contract with the owners, trading as Carroll Industrial Supply, with the prices to be the usual and customary charges for such material and services, on an open account.”

The claim was served upon Ralph D. Oyler, Esq., attorney for owners at 9:40 a.m. on March 15, 1989. Mr. Oyler, accepted service. The acceptance and the sheriffs verified return were filed the same day.

Owners filed…